Life After 50 on air column WMKV

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Added: Thu. Dec 10, 2009 5:22pm
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WMKV 89.3 FM

AND WMKVFM.ORG ON THE INTERNET

 “LIFE AFTER 50” COL FOR

DEC.07-09 ON AIR

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         AT WHAT POINT IN LIFE DO PARENT-ADULT CHILD RELATIONSHIPS BECOME HOSTILE, EVEN CRIMINAL? WELL, THEY DO AND SOMETIME IT IS THE RICH AND FAMOUS, ON IN THIS CASE, INFAMOUS, THAT LEAD THE WAY.

         REMEMBER AMERICA ICONIC RICH LADY, BROOKE ASTOR? SHE LIVED TO AGE 105, BUT HER LAST YEARS WERE AS A VICTIM OF ALZHEIMER’S DISEASE.

        HER SON, ANTHONY ASTOR OR TONY AS HE’S KNOWN, NOW 86, FACES GRAND LARCENY AND CONSPIRACY CHARGES IN NEW YORK STATE’S SUPREME COURT. CRIMINAL CHARGES BECAUSE IT IS ALLEDGED HE FAKED HIS MOTHER’S SIGNATURE ON HER WILL LEAVING HIM FAR MORE OF THE FAMILY FORTUNE THAN SHE INTENDED.

TONY’S SON, PHILIP MARSHALL NOW 56, IN 2007 WENT TO COURT TO REMOVE HIS FATHER AS HIS GRANDMOTHER’S GUARDIAN.

THE COURT RESPONDED AND APPOINTED SUSAN ROBBINS, A SPECIALIST IN GUARDIANSHIPS AND ELDER CARE LAW IN THE MANHATTAN OFFICE OF MILLER CANFIELD, TO REPRESENT BROOKE ASTOR. IT WAS SHE WHO CAME TO BELIEVE ASTOR’S WILL HAD BEEN FORGED.

THIS IS NOT THE FIRST TIME RELATIVES OF AN ELDER HAVE GONE TO COURT FIGHTING OVER A WILL AND AN ESTATE. BUT TODAY, NO MATTER WHO IS IN A WILL, THERE WILL BE SOME WHO TRY TO OPPOSE IT.

ACTUALLY CONTESTING A WILL ISN’T EASY. THERE HAS TO BE STRONG PROOF TO BREAK IT.

         OTHER THAN THE ASTOR CASE, THE COURT APPOINTED ATTORNEY ROBBINS SAID SHE COULD SITE MANY CASES OF OLDER PEOPLE BEING EXPLOiTED. SHE CITED ONE WHERE A PRIEST HAD A PARISHIONER SIGN OVER HER HOUSE TO HIM, AS HE DID OTHER PARISHIONERS. SHE ALSO SAID SOME MORTGAGE BANKER CHEATERS GET PEOPLE TO TAKE OUT MORTGAGES THEY CAN’T AFFORD, THEN GET THE PERSON EVICTED FOR NON-PAYMENT, SELLING THE HOUSE AND MAKING A PROFIT.

SO HOW CAN YOU, AS YOU AGE, PROTECT YOURSELF AND OUR FAMILY FROM RELATIVE ABUSE?

ATTORNEY ROBINS IN AN ARTICLE IN AARP MAGAZINE SITED SOME THINGS YOU CAN DO. SHE SAID MRS. ASTOR ACTUALLY DID WHAT MOST OF ELDERS SHOULD DO: GIVE POWERS OF ATTORNEY AND A HEALTH CARE PROXY AND LIVING WILL TO THOSE YOU TRUST. SOMETIMES, REMEMBERING BROOKE ASTOR, GIVING THOSE POWERS TO A SON OR DAUGHTER ISN’T A GOOD IDEA.

BUT THE OTHER THING THIS LAWYER SAID IS SOMETHING MOST OF US CAN DO; NOTIFY MORE THAN ONE PERSON AS WELL AS YOUR ATTORNEY THAT YOU HAVE CHANGED YOUR WILL AND THAT YOUR WERE PERFECTLY COMPETENT TO DO SO. THEN IF A TRIAL OR CHALLENGE COMES UP, WITNESSES WILL HELP THE ATTORNEY CARRY OUT YOUR FINAL WISHES.

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IF YOU WOULD LIKE TO REACH ME MY EMAIL ADDRESS IS: AJHORNBAKER@YAHOO.COM. (REPEAT). OR LEAVE A MESSAGE FOR ME AT THE CINCINNATI WMKV STUDIOS, 782-2427.  FOR WMKV, THIS IS

ALICE HORNBAKER, FOR THE “LIFE AFTER 50” COLUMN, ON AND 89.3 FM PUBLIC RADIO.